Alec Baldwin has asked a judge in New Mexico to dismiss a five-year firearm sentencing enhancement in the charges against him.
in the case, asserting that her position as a state lawmaker constitutionally prohibits her from holding any authority in a judicial capacity.
“Another day, another motion from Alec Baldwin and his attorneys in an attempt to distract from the gross negligence and complete disregard for safety on the ‘Rust’ film set that led to Halyna Hutchins’ death," district attorney's spokeswoman Heather Brewer said in an email. The manslaughter charges against Baldwin and Gutierrez-Reed include two alternative standards and sets of penalties, and a jury can decide which to pursue, according to prosecutors.
The second alternative is reckless disregard of safety “without due caution and circumspection.” It carries a higher threshold of wrongdoing and includes the gun enhancement that could result in a mandatory five years in prison.“This is a violation of the ex post facto clause of the constitution," said Neama Rahmani, president of West Coast Trial Lawyers. “The government can’t pass a law and retroactively punish someone under that law.
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